Gujarat High Court
Patel Kiritkumar Joitaram vs State Of Gujarat on 9 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/285/2021 ORDER DATED: 09/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 285 of 2021
==========================================================
PATEL KIRITKUMAR JOITARAM
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA CALLA, APP (2) for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 09/06/2021
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for
and on behalf of the respondent-State.
2. By way of prayer-10(C) of this application, the applicant-
original accused is seeking suspension of sentence imposed by
the judgment and order dated 27.01.2020 passed in Criminal
Case No.10568 of 2016 by learned 6th Additional Chief Judicial
Magistrate, Mahesana and to release him on bail during the
pendency of the aforementioned Criminal Revision Application.
3. Mr.Kamlesh Kotai, learned advocate for the applicant
submitted that learned Magistrate has convicted the applicant
under Section 138 of the Negotiable Instruments Act, 1881 and
sentenced him to suffer simple imprisonment for one year and
also ordered to pay compensation of Rs.11,00,000/- to the
respondent no.2 under Section 357(3) of the Criminal
Procedure Code, 1973. Mr.Kotai, learned counsel for the
R/CR.RA/285/2021 ORDER DATED: 09/06/2021
applicant also submitted that the applicant has already
deposited an amount of Rs.2,20,000/- before the concerned
Court and further the applicant is ready and willing to deposit
Rs.2,00,000/- before the concerned Court within a period of
one month.
4. Learned APP Ms.Krina Calla strongly opposed for grant of
bail pending the revision application.
5. Heard Mr.Kamlesh Kotai, learned advocate for the
applicant and Ms.Krina Calla, learned APP for the respondent-
State.
6. Having heard learned advocates appearing for the
respective parties and having gone through the materials
available on record as well as perused the impugned
judgment, this Court is of the considered opinion that pending
the hearing and final disposal of the Criminal Revision
Application, the substantive part of the impugned judgment
and order dated 27.01.2020 passed in Criminal Case No.10568
of 2016 by learned 6th Additional Chief Judicial Magistrate,
Mahesana is hereby suspended pending hearing and final
disposal of the Criminal Revision Application. The applicant
shall be released on bail by executing fresh bail bond of
Rs.10,000/- (Rupees Ten Thousand only) and one surety of the
like amount to the satisfaction of trial court and subject to the
following conditions:
(i) The applicant shall deposit an amount of
Rs.2,00,000/- before the concerned Court within a period
of one month from the date of his release;
(ii) The applicant shall not take undue advantage of his
R/CR.RA/285/2021 ORDER DATED: 09/06/2021
liberty granted by the Court. The applicant shall
maintain law and order and shall not indulge in any
illegal act or offence.
(iii) The applicant shall furnish full and correct address
of his residence to the concerned Court and shall not
change the same without prior permission of the
concerned Court.
(iv) The applicant shall deposit his passport, if having,
before the learned trial Court and shall not leave India
without prior permission of this Court.
Direct service is permitted through e-mode.
(ILESH J. VORA,J)
TAUSIF SAIYED
